Constitution Flashcards
(36 cards)
How is sovereignty shifting towards the people?
Increasing instances of referenda
Where is sovereignty constantly shifting between within the UK?
Parliament and Government
Where is sovereignty constantly shifting between outside the UK?
UK and EU
When idd the UK join the EU?
1973
What must UK courts enforce from the EU?
EU law
What courts are superior to Uk courts?
Eu courts
How is the legal sovereignty in the EU shared between its members?
Pooled sovereignty
Give some examples of areas of pooled sovereignty
Consumer law, employment, law, agriculture
Where are first appeals on EU law held?
Uk courts
Where are final appeals held on EU law?
European court of Justice
Why has Parl. Sov. not been permanently lost to the EU?
Because it can be taken back by leaving the EU
Within the UK, what institutions has sovereignty shifted to?
Devolved institutions
How has there been an effective transfer of sovereignty over civil liberties/
ECHR
What has happened to the power of the executive?
Grown
What does the growing power of the executive mean for sovereignty?
More concentrated
When are the people sovereign?
Whenever there is an election
Why do devolved institution shave quasi sovereignty?
Even thought they are not technically sovereign it is unlikely their power will evener be returned to Westminster.
Why are referendums not technically an erosion of sovereignty?
Not legally binding
Why are referendums an erosion of sovereignty in practice?
Because the government cannot be seen to be going against the will of the people
What are the seven strengths of the UK’s constitution?
1) Independent judiciary ensures rule of law is maintained
2) Unitary nature helps keep national unity
3) Doctrine of parl. sov. helps keep gov. relatively accountable
4) Stood test of time and part of tradition
5) Suits strong, decisive government with clear mandate
6) Flexible and able to evolve naturally
7) Provides for a collective form of government, as opposed to a presidential system which places too much power int eh hands of an individual
What are the seven weaknesses of the UK’s constitution?
1) Too flexible
2) No safeguards so government can have too much power
3) The fact it is not codified mean citizens cannot understand
4) Individual rights not well protected
5) Power is too centralised
6) Parliament weak in comparison to strong government
7) Archaic and allows undemocratic institutions such as monarchy and HOL.
Why can the constitution being flexible be a bad thing?
Can be amended by a temporary government seeking only to serve its own purpose
Why can the UK’s constitution not protect individual’s rights very well?
Parliament not subject to constitutional control
What is bad about power being centralised through the constitution?
Threatens democracy
